Sunday Late Nite: Criminalizing Policy Differences

If the Obama Justice Department investigated and indicted Bush Administration officials for legislating the biggest tax break for wealthy Americans ever, that would be criminalizing policy differences.

If the Obama Justice Department investigated and indicted Bush Administration officials for withdrawing from the Kyoto Treaty, that would be criminalizing policy differences.

If the Obama Justice Department investigated and indicted Bush Administration officials for proposing to privatize Social Security, that would be criminalizing policy differences.

If the Obama Justice Department investigated and indicted Bush Administration officials for restricting federal funds for embryonic stem-cell research, that would be criminalizing policy differences.

If the Obama Justice Department investigated and indicted Bush Administration officials for their flawed implementation of No Child Left Behind, that would be criminalizing policy differences.

If the Obama Justice Department investigated and indicted Bush Administration officials for legislating and implementing Medicare Part D, that would be criminalizing policy differences.

If the Obama Justice Department investigated and indicted Bush Administration officials for nominating federal and SCOTUS judges who are members of the Federalist Society, that would be criminalizing policy differences.

If the Obama Justice Department investigated and indicted Bush Administration officials for their veto of SCHIP, that would be criminalizing policy differences.

If the Obama Justice Department investigated and indicted Bush Administration officials for passing a special law for Terry Schiavo, that would be criminalizing policy differences.

If the Obama Justice Department investigated and indicted Bush Administration officials for litigating the University of Michigan’s admissions preferences, that would be criminalizing policy differences.

If the Obama Justice Department investigated and indicted Bush Administration officials for making us take off our shoes to get on an airplane, that would be criminalizing policy differences.

If the Obama Justice Department investigated and indicted Bush Administration officials for the color-coded Terror Alert System, that would be criminalizing policy differences.

But:

If the Obama Justice Department investigated and indicted Bush Administration officials for torture, for developing the legal framework for that torture, and for proposing, permitting, and encouraging that torture, is that criminalizing policy differences?

No, that is not criminalizing policy differences. That is war crimes prosecution. And it is required of every signatory to every torture treaty. So, will we do the dirty work of revealing the war criminals among us, or will we have it done to us?